Andrews v. City of San Bernardino

SHEPARD, J. This is an action by which appellant seeks a writ of mandamus to compel the mayor and Common Council of the City of San Bernardino (hereinafter referred to as Council) to set aside Resolution Number 2361 adopted June 23, 1952, declaring a need for a redevelopment agency and also seeking to compel said Council to set aside and vacate Ordinance Number 2217 which approved the tentative plan for redevelopment of Meadowbrook Project Area Number 1, which ordinance was adopted March 31, 1958. The petition for mandamus was filed April 15, 1958. A demurrer was sustained without leave to amend and plaintiff appeals from the judgment entered pursuant to such order.

The petition shows that the city of San Bernardino is governed under a charter adopted pursuant to sections 8 and 8% of article XI of the California Constitution. Under such charter the governing body is the Council. On November 7, 1950, the Council, by Ordinance Number 1896, caused to be submitted to a vote of the electors of the city the following question:

“Shall the Mayor and Common Council of the City of San Bernardino create and establish a redevelopment agency pursuant to the provisions of the California Community Redevelopment act?”

The majority vote on this question was “No.” On January 19, 1951, the Council directed the mayor to write a letter cancelling the contract for urban redevelopment. About a year and a half later, on June 23, 1952, the Council by Resolution 2361 declared a need for a redevelopment agency in the city. In 1954 the City Planning Commission took steps to designate redevelopment areas and adopted a plan therefor. [456]In 1957 the Council designated the redevelopment area under discussion. After duly noticed hearings on January 30, 1958, the redevelopment agency adopted a tentative plan and submitted the same to the Council for approval. The Planning Commission recommended to the Council the approval of the tentative plan. Notice was given, as provided by law, of a public hearing before the Council on the tentative plan and on March 4, 1958, such hearing was held. Plaintiff appeared before the Council at that time and at her request the matter was continued until March 24th, when the first reading of the ordinance was had. It then went over to March 31st for the second reading and on that day plaintiff’s request for additional continuances was denied, and after hearing arguments and evidence the Council enacted Ordinance Number 2217 approving and adopting a tentative plan for redevelopment of Meadowbrook Project Area Number 1.